Reported / Citable
Background
Defendant Phillip Arrellano Jr. moved to substitute counsel on April 10, 2026. The district court referred the motion to Magistrate Judge Susan Hightower for resolution under the Criminal Justice Act, the Federal Magistrates Act, and Federal Rule of Criminal Procedure 44.
On April 16, 2026, the magistrate judge held a hearing attended by Arrellano and his attorney. The court found good cause to appoint new counsel and found that Arrellano had received notice.
The Court’s Holding
The court granted Arrellano’s motion to substitute counsel. It permitted Supervisory Assistant Federal Public Defender Horatio Aldredge to withdraw and appointed Arthur Gollwitzer as counsel of record, consistent with the court’s earlier orders concerning Arrellano’s financial status and appointment of the Federal Public Defender.
The court also removed the case from the magistrate judge’s docket and returned it to District Judge David A. Ezra’s docket.
Key Takeaways
- A criminal defendant’s request to replace appointed counsel may be granted upon a finding of good cause.
- The court held a hearing with both the defendant and existing counsel present before ruling.
- The order changed defense counsel but did not address the merits of the criminal charges.
Why It Matters
The order illustrates the procedural handling of a request to substitute appointed counsel in a federal criminal case. After finding good cause and adequate notice, the magistrate judge authorized withdrawal, appointed replacement counsel, and returned the matter to the presiding district judge.